The landlords of commercial properties in Wrexham can take back the possession of their premises for many reasons, usually, they end the tenancy when the tenant is in breach of their lease terms; such as being nuisance to neighbours, not keeping the Wrexham premises in good repair, not paying rent or subletting the premises without the landlord's consent.
Repossessing your property in Wrexham that is occupied by a tenant is known as 'forfeiture'.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them to do so.
Without such a clause in the lease, then the landlord is prohibited by the law against evicting the commercial tenant in Clwyd under no circumstance whatsoever.
Where you possess the privilege to forfeit in Wrexham, this can be handled in one of two ways:
You can enter the premises in Bangor on Dee/Bangor-is-y-coed, Wrexham/Wrecsam, or Rhosllanerchrugog and change the locks where the tenant is staying.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Wrexham, lay a claim for compensation in court in Clwyd.
This normally is the preferred option in Wrexham although, as with any proceedings of the court, it can be costly to you and takes long, you should therefore consider it as the last option.
The option you opt for depends on the reason for repossession.
You are not required to give notice of your plan to forfeit in the case of non-payment of rent in Wrexham; you may easily re-enter the premises.
It is best not to let the tenant know regarding duration of tenancy in Wrexham, like reminding them of overdue rent, because resultantly your right to forfeit would be waivered and you won't be able to do anything until the next overdue rent payment.
It is advised to put a repossession notice on the door in Bangor on Dee/Bangor-is-y-coed, Wrexham/Wrecsam, or Rhosllanerchrugog whilst a locksmith or your solicitor is there as a witness.
If you're dealing with other breaches, you cannot take possession of the property in Wrexham unless you send the section 146 notice.
Your solicitor must serve the notice to everyone involved including the landlord, subtenant and the tenant in Clwyd.
The notice must specify the type of lease terms that were breached in Wrexham and how they can be remedied (if possible) within a reasonable timeframe.
You can proceed to forfeit the lease if the breach has not been remedied or the settlement has not been paid.
There are more rules in Wrexham associated with the breach of repair.
The landlord will be required to offer the opportunity to the tenant in Wrexham/Wrecsam, Rhosllanerchrugog, or Bangor on Dee/Bangor-is-y-coed where they may claim statutory protection.
If the Wrexham tenant accepts this protection, then the rectification and repairs must be done within 28 days of receiving the section 146 notice and the landlord will then need the Clwyd court's permission to make the initial claim.
This may be prevented if the rental agreement includes a clause that empowers the landlord to enter the property in Wrexham and correct any repair deficit and claim the incurred costs of repair as debts to be paid by the tenant.
Forfeiture only starts in the county court in Clwyd where the application is made.
It is necessary to complete standard claim forms, which in Wrexham can now be submitted online in some courts.
Thereafter, the forms should be delivered to the Wrexham leaseholder by the lawyer within a given time-frame.
However, this process is lengthy and can be very costly for the landlord, so you should always consult legal advice as this is a complex part of law and errors will slow the process in Bangor on Dee/Bangor-is-y-coed, Wrexham/Wrecsam, or Rhosllanerchrugog.
In some specific conditions, your tenant can apply for relief from forfeiture in the court in Clwyd.
Although the tenant is not automatically entitled to it, this is a non-obligatory solution provided by the court, however, if it is approved, the tenant may continue to remain on the property in Wrexham under their present lease.
After receiving a section 146 notice an application must be filed by the Wrexham tenant as soon as possible otherwise they will be convicted to a penalty for unnecessary delay.
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